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annul Sections 2.1.2 and 2.2.1 as well as Tables 4-2 and 4-8 of the defendant’s guidelines on single-use plastic products in accordance with Directive (EU) 2019/904 (1) of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (2) insofar as they concern paper-based products with polymeric coating;

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declare, in the alternative, that Article 3(2) of Directive (EU) 2019/904 is illegal, insofar as it includes the paper-based products with polymeric coating in the definition of ‘single-use plastic products’; and

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order the defendant to pay the costs.

1.

First plea in law, alleging that the defendant’s guidelines violate the text of the Directive (EU) 2019/904, insofar as they include the paper-based products with polymeric coating within the scope of the Directive (EU) 2019/904, by means of a wrong interpretation of the term ‘main structural component’ provided for by Article 3(1) of the Directive (EU) 2019/904.

2.

Second plea in law, alleging that the inclusion of the paper-based products with polymeric coating in the scope of Directive (EU) 2019/904 runs against the objectives of the Directive and infringes the principle of proportionality.

3.

Third plea in law, alleging that the defendant overstepped the boundaries of its competences by adopting the contested guidelines and encroached upon the prerogatives of the EU legislator.

4.

First plea of illegality, alleging that Article 3(2) of Directive (EU) 2019/904 is unlawful, insofar as it results in the application of this Directive to the paper-based products with polymeric coating. It is also alleged that this provision is illegal insofar as it does not provide a threshold to determine whether a product is partly made from plastic. Moreover, it is argued that this provision violates the principle of equality and non-discrimination.

5.

Second plea of illegality, alleging that the application of Directive (EU) 2019/904, and in particular of the restrictive measures provided for in that Directive to the paper-based products with polymeric coating, constitutes an unjustified limitation to the freedom to conduct business and the right to property, enshrined, respectively, in Articles 16 and 17 of the Charter of Fundamental Rights of the European Union.